DfI/2019-0166: EIR Request for information relating to the Department’s tender price assessment process and the legal correspondence received challenging the contract award decision notices for 4 contracts

Re: Term Contracts for Asphalt Resurfacing 2017 (2019) Contract References T-1059-01 (ARW1), T-1059-02 (ARS2), T-1059-03 (ARW4) and T-1059-04 (ARW2).

In reply to your letter Ref: T-1059 dated 21/03/19 regarding your decision to close the procurement competition, we respond as follows.

The Regulations require contracting authorities (Department for Infrastructure DFI) to treat economic operators equally and without discrimination and they shall act in a transparent and proportionate manner.

The Instructions for Tendering (IFT) sets out that the basis for award shall be on the basis of Most Economically Advantageous Tender (MEAT). The Contracting Authority (DFI) has determined that for this Procurement, MEAT will be identified on the basis of price/cost only. The price evaluation undertaken by the Contracting Authority (DfI) is on the basis of identifying the Model Tender Price. Appendix B of this IFT identifies indicative model quantities against each item in the Schedule of Rates and Prices.

These quantities were used by the Contracting Authority (DfI) to calculate Economic Operator’s Model Tender Price for each Contract Area. In the letter of 21/03/19, the Contracting Authority (DfI) state that following receipt of legal correspondence on behalf of some tenderers in relation to its intention to award the above contracts and having taken legal advice on this matter, it has become apparent that there is a potential flaw with the tender price assessment process. Because of this potential flaw with the tender price assessment process the Department (DfI) can no longer be satisfied that the tender price assessment process identifies the Most Economically Advantageous Tender (MEAT).

In order that the Contracting Authority (DfI) complies with the Regulations and in accordance with the Freedom of Information Act 2000, please see below requests for information numbered 1, 2, 3, 4 & 5:

1. Detailed information regarding the potential flaw with the price assessment processwhich shall include:
   a.  Identification of the potential flaw;
   b.  A detailed explanation including information regarding the effect the potential flawhad on the price assessment process;
   c.  A detailed explanation including information regarding the effect the potential flawhad on MEAT assessment; and
   d. The reason why the Department (DfI) can no longer be satisfied that the tenderprice assessment process identifies the Most Economically Advantageous Tender(MEAT).
2. A copy of all correspondence received by the Contracting Authority (DfI) from other tenderers regarding the potential flaw;
3. Details including a copy of the other tenderers legal correspondence challenging the contract award decision that triggered the termination of this tender competition;
4. Provide the date upon which the Contracting Authority (DfI) received the legal correspondence mentioned on No. 3 above; and
5. A copy of all meeting minutes regarding the tender price assessment and award of the Term Contracts for Asphalt Resurfacing 2017 (2019).